Displaying items by tag: Fine

Colombia: Cemex Colombia has paid a US$25.3m fine to the Superintendent of Industry and Commerce (SIC). The penalty follows an investigation into price fixing by Cemex, Cementos Argos, and Holcim and six senior managers, according to the El Economista newspaper. However Cemex plans to lodge an appeal with the Contentious Administrative Court to reverse the fine.

The fine covers behaviour by the companies between January 2010 and December 2012. SIC’s investigation discovered that collusion between the cement producers artificially increased the price of cement by 30% despite inflation being 9% during the period.

Zambia: The Board of Commissioners of the Competition and Consumer Protection Commission (CCPC) has fined Lafarge Zamiba over US$19,000 for abusing loyalty discount schemes, price discrimination and excessive pricing. The fine represents 10% of its annual turnover in 2012, according to the Times of Zambia newspaper. It follows an investigation in the cement producer from mid-2013 following accusations of ‘persistent’ price rises.

The CCPC says that Lafarge Zambia’s pricing policy discriminated the domestic market against the export market and particularly distorted the sector in Lusaka. It has ordered the company to cease and desist such behaviour and to report to the board in early 2018 regarding how it is complying with the ruling.

Lafarge Zambia operates two cement plants in the country. It says it made revenues of US$171,000 in 2016.

Colombia: The Superintendent of Industry and Commerce (SIC) has fined Cementos Argos, Cemex and Holcim and six senior managers US$68m for fixing the price of Ordinary Portland Cement. The fine covers behaviour by the companies between January 2010 and December 2012. SIC’s investigation discovered that collusion between the cement producers artificially increased the price of cement by 30% despite inflation being 9% during the period.

Cementos Argos responded to the sanction by saying that it rejected the fine and decision by SIC. Following an earlier statement in October 2017 it once again criticised SIC’s methods. According to Reuters, both Holcim and Cemex disagreed with the finding and they said they would take legal action against it.

Italy: Appeals by Italian cement producers to the judiciary of Lazio against fines imposed by the Italian Competition Authority (AGCM) has been deferred to June 2018. Italcementi, Buzzi Unicem, Colacem, Cementir, Sacci, Holcim, Cementirossi, Barbetti, Cementeria di Monselice, Cementizillo, Calme, Moccia, TSC and the Italian Cement Association (AITEC) were penalised more than Euro184m in July 2017 for allegedly coordinating sales prices and agreeing market share from June 2011 to January 2016, according to the ANSA news agency. The majority of the fine was levied on Italcementi and Buzzi Unicem at around Euro84m and Euro60m respectively. Itacementi started appealing against the sanctions in August 2017.

Australia: The Federal Court has upheld an appeal by the Australian Competition and Consumer Commission (ACCC) and raised a fine against Cement Australia and its subsidiaries for anti-competitive agreements to US$16.1m. Originally the cement producer was fined US$13.4m but the ACCC argued it was too low. A cross appeal by Cement Australia was dismissed.

“The penalties imposed in competition cases are hugely important in deterring anti-competitive conduct, which is why we appealed the original penalties given to Cement Australia,” said ACCC Chairman Rod Sims.

The ACCC first brought the proceedings in 2008 against Cement Australia, Cement Australia Holdings, Cement Australia Queensland (formerly Queensland Cement Ltd), Pozzolanic Enterprises and Pozzolanic Industries. They were related to contracts that were entered into by Cement Australia companies between 2002 and 2006 with four power stations in South East Queensland, to acquire fly ash. The court found contraventions of the Competition and Consumer Act in 2014 and a fine was issued in 2016.

Italy: Italcementi, part of Germany’s HeidelbergCement, has said that charges brought by Italy's antitrust authority are unfounded and it would appeal against the sanction at the Lazio court. Italcementi, along with other leading cement producers, is accused by the regulator of allegedly breaching competition rules for the period from June 2011 to January 2016.

In particular, Italcementi has said that it believes that the commercial decisions taken by the previous management to propose nominal price increases to its customers were dictated by autonomous, solid and logical business motives.

Italcementi also considers that the Euro84m fine, one of the highest ever imposed by the authority, is completely disproportionate to the turnover generated by the company in Italy.

US: The Southern Trinity Groundwater Conservation District water district in Texas’ McLennan County is seeking an injunction against Lehigh Cement, alleging that the business is improperly pumping millions of litres of water from the Trinity Aquifer without necessary permits at its plant in Waco. It claims that the plant owes thousands of dollars for its water use over the past decade and possibly more in civil penalties for pumping water from a well without a permit.

The lawsuit asks Judge Vicki Menard to issue an injunction to block Lehigh from drawing water from a well on its property at 100 S. Wickson Road until the company obtains a permit.

Water district general manager Scooter Radcliffe said he hopes the matter can be resolved without the need for an injunction. "We are going to try to work with them the best way we can and try to get them to contact us so we can get this thing resolved as quickly as possible," Radcliffe said.

US: The US Environmental Protection Agency (EPA) has fined the Nevada Cement Company US$0.5m for violating the Clean Air Act. According to a legal complaint the cement producer made ‘major’ modifications to its plant in Fernley, Nevada that led to significant increased emissions of NO_x, without first obtaining a permit required by the Clean Air Act and without installing necessary pollution control equipment. Nevada Cement has agreed to install new air pollution control technology replace a heavy-duty diesel truck and a diesel railcar mover at the facility with clean emissions vehicles.

India: The Competition Commission of India (CCI) has found seven cement companies guilty of bid rigging and cartelisation and imposed a total fine of nearly US$30m on them. The accused companies are Shree Cement, UltraTech Cement, Jaiprakash Associates, JK Cement, Ambuja Cements, ACC and JK Lakshmi Cement, according to the Times of India. The fines are based on 0.3% of each company’s average turnover for three financial years. Each company has also been ordered to cease and desist such behaviour.

The ruling relates to a tender floated by a Haryana state procurement agency in 2012 that the CCI started investigating in 2014. Evidence cited in the CCI’s order includes text messages and phone calls made between officials of the companies.

UltraTech Cement and Shree Cement have issued statements saying that they will appeal against the fine.

India: The Competition Appellate Tribunal (COMPAT) has rejected an appeal by Binani Cement to waive paying a 10% deposit of a US$25m fine that was given to it by the Competition Commission of India (CCI) for cartel-like behaviour. COMPAT said that the cement producer had failed to add any further information to the situation or pointed out any errors in the procedure, according to the Press Trust of India. In August 2016 the CCI imposed fines of nearly US$1bn on cement producers including ACC, ACL, Binani, Century, India Cements, JK Cement, Lafarge, Ramco, UltraTech, Jaiprakash Associates and the Cement Manufacturers Association for alleged cartelisation activity.

In November 2016, the COMPAT delayed the CCI condition that the cement producers deposit 10% of the fine. However, Binani Cement requested to waive the deposit on grounds of severe financial hardship. Binani Cement now potentially faces interest charges on top of the deposit as its appeal was dismissed.